{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.html"}],"law_id":80211,"edition_id":1,"section_id":80211,"structure_id":15051,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","history":"Code 1950, \u00a7 19.1-19.6; 1968, c. 722; 1975, c. 495; 1978, c. 825; 1985, c. 306; 2005, c. 347; 2019, cc. 782, 783; 2020, cc. 91, 92, 93, 189.","full_text":"A\n\nAll duly constituted police authorities having the power of arrest may take the fingerprints and photographs of: (i) any person arrested by them and charged with a felony or a misdemeanor an arrest for which is to be reported by them to the Central Criminal Records Exchange, (ii) any person who pleads guilty or is found guilty after being summoned in accordance with subsection B of &#xA7; 19.2-73 or &#xA7; 19.2-74, (iii) any person charged with an offense that has been deferred by the court pursuant to &#xA7;&#xA7; 18.2-57.3, 18.2-251, or 19.2-303.2, or (iv) upon the order of a court, any person found in contempt or in violation of the terms or conditions of a suspended sentence or probation for a felony offense pursuant to &#xA7; 18.2-456, 19.2-306, or 53.1-165. Such authorities shall make such records available to the Central Criminal Records Exchange. Such authorities are authorized to provide, on the request of duly appointed law-enforcement officers, copies of any fingerprint records they may have, and to furnish services and technical advice in connection with the taking, classifying and preserving of fingerprints and fingerprint records.B\n\nSuch police authorities may establish and collect a reasonable fee not to exceed $10 for the first card and $5 for each successive card for the taking of fingerprints when voluntarily requested by any person for purposes other than criminal violations.","order_by":null,"text":{"0":{"id":287128,"text":"All duly constituted police authorities having the power of arrest may take the fingerprints and photographs of: (i) any person arrested by them and charged with a felony or a misdemeanor an arrest for which is to be reported by them to the Central Criminal Records Exchange, (ii) any person who pleads guilty or is found guilty after being summoned in accordance with subsection B of &#xA7; 19.2-73 or &#xA7; 19.2-74, (iii) any person charged with an offense that has been deferred by the court pursuant to &#xA7;&#xA7; 18.2-57.3, 18.2-251, or 19.2-303.2, or (iv) upon the order of a court, any person found in contempt or in violation of the terms or conditions of a suspended sentence or probation for a felony offense pursuant to &#xA7; 18.2-456, 19.2-306, or 53.1-165. Such authorities shall make such records available to the Central Criminal Records Exchange. Such authorities are authorized to provide, on the request of duly appointed law-enforcement officers, copies of any fingerprint records they may have, and to furnish services and technical advice in connection with the taking, classifying and preserving of fingerprints and fingerprint records.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287129,"text":"Such police authorities may establish and collect a reasonable fee not to exceed $10 for the first card and $5 for each successive card for the taking of fingerprints when voluntarily requested by any person for purposes other than criminal violations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15051,"edition_id":1,"name":"Central Criminal Records Exchange","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:45","date_modified":"2026-06-26 03:51:45","permalink":{"id":170405,"object_type":"structure","relational_id":15051,"identifier":"23","token":"19.2\/23","url":"\/19.2\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60081,"structure_id":15051,"section_number":"19.2-387","catch_line":"Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police","url":"\/19.2-387\/","token":"19.2\/23\/19.2-387","metadata":false},{"id":86405,"structure_id":15051,"section_number":"19.2-387.1","catch_line":"Protective Order Registry; maintenance; access","url":"\/19.2-387.1\/","token":"19.2\/23\/19.2-387.1","metadata":false},{"id":64486,"structure_id":15051,"section_number":"19.2-387.2","catch_line":"National Crime Prevention and Privacy Compact of 1998","url":"\/19.2-387.2\/","token":"19.2\/23\/19.2-387.2","metadata":false},{"id":70372,"structure_id":15051,"section_number":"19.2-387.3","catch_line":"Substantial Risk Order Registry; maintenance; access","url":"\/19.2-387.3\/","token":"19.2\/23\/19.2-387.3","metadata":false},{"id":85019,"structure_id":15051,"section_number":"19.2-388","catch_line":"Duties and authority of Exchange","url":"\/19.2-388\/","token":"19.2\/23\/19.2-388","metadata":false},{"id":57466,"structure_id":15051,"section_number":"19.2-388.1","catch_line":"Fingerprints submitted by Live Scan device","url":"\/19.2-388.1\/","token":"19.2\/23\/19.2-388.1","metadata":false},{"id":81089,"structure_id":15051,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","url":"\/19.2-389\/","token":"19.2\/23\/19.2-389","metadata":false},{"id":63594,"structure_id":15051,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","url":"\/19.2-389.1\/","token":"19.2\/23\/19.2-389.1","metadata":false},{"id":58752,"structure_id":15051,"section_number":"19.2-389.2","catch_line":"Background checks of applicants of the Metropolitan Washington Airports Authority","url":"\/19.2-389.2\/","token":"19.2\/23\/19.2-389.2","metadata":false},{"id":64557,"structure_id":15051,"section_number":"19.2-389.3","catch_line":"(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","url":"\/19.2-389.3\/","token":"19.2\/23\/19.2-389.3","metadata":false},{"id":82582,"structure_id":15051,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","url":"\/19.2-390\/","token":"19.2\/23\/19.2-390","metadata":false},{"id":79559,"structure_id":15051,"section_number":"19.2-390.01","catch_line":"Use of Virginia crime code references required","url":"\/19.2-390.01\/","token":"19.2\/23\/19.2-390.01","metadata":false},{"id":80326,"structure_id":15051,"section_number":"19.2-390.02","catch_line":"Policies and procedures for law enforcement to conduct in-person and photo lineups","url":"\/19.2-390.02\/","token":"19.2\/23\/19.2-390.02","metadata":false},{"id":72817,"structure_id":15051,"section_number":"19.2-390.03","catch_line":"Development and dissemination of model policy on fingerprinting and reports to the Central Criminal Records Exchange","url":"\/19.2-390.03\/","token":"19.2\/23\/19.2-390.03","metadata":false},{"id":86792,"structure_id":15051,"section_number":"19.2-390.04","catch_line":"Custodial interrogations; recording","url":"\/19.2-390.04\/","token":"19.2\/23\/19.2-390.04","metadata":false},{"id":78107,"structure_id":15051,"section_number":"19.2-390.1","catch_line":"Sex Offender and Crimes Against Minors Registry; maintenance; access","url":"\/19.2-390.1\/","token":"19.2\/23\/19.2-390.1","metadata":false},{"id":63898,"structure_id":15051,"section_number":"19.2-390.2","catch_line":"Repealed","url":"\/19.2-390.2\/","token":"19.2\/23\/19.2-390.2","metadata":false},{"id":71334,"structure_id":15051,"section_number":"19.2-390.3","catch_line":"Child Pornography Registry; maintenance; access; required information","url":"\/19.2-390.3\/","token":"19.2\/23\/19.2-390.3","metadata":false},{"id":57371,"structure_id":15051,"section_number":"19.2-391","catch_line":"Records to be made available to Exchange by state officials and agencies; duplication of records","url":"\/19.2-391\/","token":"19.2\/23\/19.2-391","metadata":false},{"id":80211,"structure_id":15051,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","url":"\/19.2-392\/","token":"19.2\/23\/19.2-392","metadata":false},{"id":59254,"structure_id":15051,"section_number":"19.2-392.01","catch_line":"Judges may require taking of fingerprints and photographs in certain misdemeanor cases","url":"\/19.2-392.01\/","token":"19.2\/23\/19.2-392.01","metadata":false},{"id":61280,"structure_id":15051,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","url":"\/19.2-392.02\/","token":"19.2\/23\/19.2-392.02","metadata":false}],"previous_section":{"id":57371,"structure_id":15051,"section_number":"19.2-391","catch_line":"Records to be made available to Exchange by state officials and agencies; duplication of records","url":"\/19.2-391\/","token":"19.2\/23\/19.2-391","metadata":false},"next_section":{"id":59254,"structure_id":15051,"section_number":"19.2-392.01","catch_line":"Judges may require taking of fingerprints and photographs in certain misdemeanor cases","url":"\/19.2-392.01\/","token":"19.2\/23\/19.2-392.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 722; in 1975, chapter 495; in 1978, chapter 825; in 1985, chapter 306; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0347\">347<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0782\">782<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0783\">783<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0091\">91<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0092\">92<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0093\">93<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0189\">189<\/a>.<\/p>","references":[{"id":64179,"section_number":"53.1-23","catch_line":"Fingerprints, photographs and description","order_by":null,"url":"\/53.1-23\/"}],"refers_to":[{"id":68547,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-251\/"},{"id":70926,"section_number":"18.2-456","catch_line":"Cases in which courts and judges may punish summarily for contempt","order_by":null,"url":"\/18.2-456\/"},{"id":59318,"section_number":"18.2-57.3","catch_line":"Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-57.3\/"},{"id":55101,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","order_by":null,"url":"\/19.2-303.2\/"},{"id":66441,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306\/"},{"id":62110,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","order_by":null,"url":"\/19.2-73\/"},{"id":57508,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","order_by":null,"url":"\/19.2-74\/"},{"id":66066,"section_number":"53.1-165","catch_line":"Revocation of parole; hearing; procedure for parolee in another state; appointment of attorney","order_by":null,"url":"\/53.1-165\/"}],"permalink":{"id":170483,"object_type":"law","relational_id":80211,"identifier":"19.2-392","token":"19.2\/23\/19.2-392","url":"\/19.2-392\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392\/","token":"19.2\/23\/19.2-392","dublin_core":{"Title":"Fingerprints and photographs by police authorities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> All duly constituted police authorities having the power of <span class=\"dictionary\">arrest<\/span> may take the fingerprints and photographs of: (i) any person arrested by them and charged with a <span class=\"dictionary\">felony<\/span> or a <span class=\"dictionary\">misdemeanor<\/span> an <span class=\"dictionary\">arrest<\/span> for which is to be reported by them to the Central Criminal Records Exchange, (ii) any person who pleads guilty or is found guilty after being summoned in accordance with subsection B of &#xA7; <a class=\"law\" title=\"Issuance of summons instead of warrant in certain cases\" href=\"\/19.2-73\/\">19.2-73<\/a> or &#xA7; <a class=\"law\" title=\"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace\" href=\"\/19.2-74\/\">19.2-74<\/a>, (iii) any person charged with an <span class=\"dictionary\">offense<\/span> that has been deferred by the <span class=\"dictionary\">court<\/span> pursuant to &#xA7;&#xA7; <a class=\"law\" title=\"Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge\" href=\"\/18.2-57.3\/\">18.2-57.3<\/a>, <a class=\"law\" title=\"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge\" href=\"\/18.2-251\/\">18.2-251<\/a>, or <a class=\"law\" title=\"Persons charged with first offense may be placed on probation\" href=\"\/19.2-303.2\/\">19.2-303.2<\/a>, or (iv) upon the <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">court<\/span>, any person found in <span class=\"dictionary\">contempt<\/span> or in violation of the terms or conditions of a <span class=\"dictionary\">suspended sentence<\/span> or <span class=\"dictionary\">probation<\/span> for a <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Cases in which courts and judges may punish summarily for contempt\" href=\"\/18.2-456\/\">18.2-456<\/a>, <a class=\"law\" title=\"Revocation of suspension of sentence and probation\" href=\"\/19.2-306\/\">19.2-306<\/a>, or <a class=\"law\" title=\"Revocation of parole; hearing; procedure for parolee in another state; appointment of attorney\" href=\"\/53.1-165\/\">53.1-165<\/a>. Such authorities shall make such records available to the Central Criminal Records Exchange. Such authorities are authorized to provide, on the request of duly appointed <span class=\"dictionary\">law<\/span>-enforcement officers, copies of any fingerprint records they may have, and to furnish services and technical advice in connection with the taking, classifying and preserving of fingerprints and fingerprint records. <a id=\"paragraph-287128\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Such police authorities may establish and collect a reasonable fee not to exceed $10 for the first card and $5 for each successive card for the taking of fingerprints when voluntarily requested by any person for purposes other than criminal violations. <a id=\"paragraph-287129\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFINGERPRINTS AND PHOTOGRAPHS BY POLICE AUTHORITIES (\u00a7 19.2-392)\n\nA. All duly constituted police authorities having the power of arrest may take\nthe fingerprints and photographs of: (i) any person arrested by them and charged\nwith a felony or a misdemeanor an arrest for which is to be reported by them to\nthe Central Criminal Records Exchange, (ii) any person who pleads guilty or is\nfound guilty after being summoned in accordance with subsection B of &#xA7;\n19.2-73 or &#xA7; 19.2-74, (iii) any person charged with an offense that has\nbeen deferred by the court pursuant to &#xA7;&#xA7; 18.2-57.3, 18.2-251, or\n19.2-303.2, or (iv) upon the order of a court, any person found in contempt or\nin violation of the terms or conditions of a suspended sentence or probation for\na felony offense pursuant to &#xA7; 18.2-456, 19.2-306, or 53.1-165. Such\nauthorities shall make such records available to the Central Criminal Records\nExchange. Such authorities are authorized to provide, on the request of duly\nappointed law-enforcement officers, copies of any fingerprint records they may\nhave, and to furnish services and technical advice in connection with the\ntaking, classifying and preserving of fingerprints and fingerprint records.\n\nB. Such police authorities may establish and collect a reasonable fee not to\nexceed $10 for the first card and $5 for each successive card for the taking of\nfingerprints when voluntarily requested by any person for purposes other than\ncriminal violations.\n\nHISTORY: Code 1950, \u00a7 19.1-19.6; 1968, c. 722; 1975, c. 495; 1978, c. 825;\n1985, c. 306; 2005, c. 347; 2019, cc. 782, 783; 2020, cc. 91, 92, 93, 189.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}